Model Answer

Introduction

Non-Consensual Intimate Image Abuse (NCII) refers to the creation, circulation, or threat of circulation of intimate images or videos of a person without their consent, including through deepfakes and cybervoyeurism. With rapid digitisation, cheap data and AI-based manipulation tools, India is witnessing a sharp rise in such crimes. Although India has the IT Act, Bharatiya Nyaya Sanhita (BNS), and the Digital Personal Data Protection (DPDP) Act, 2023, the growing complexity of NCII highlights the urgent need for a dedicated, victim-centric law.

Why a Dedicated Law on NCII is Needed

1. NCII is Not Just a Privacy Violation, but a Dignity and Safety Issue

   • The harm caused goes beyond loss of privacy to include:
     • Psychological trauma, anxiety, fear and stigma
     • Loss of bodily autonomy and social exclusion
     • In extreme cases, self-harm and suicide
   • NCII must be recognised as a gender-justice and human rights issue, not merely a cyber offence.

2. Emergence of Deepfakes Has Changed the Nature of Crime

   • Deepfakes enable realistic but fake sexual content without any real image ever existing.
   • Current laws focus on traditional images and videos but:
     • Do not clearly fix liability on AI developers, hosting platforms or generators
     • Create a legal vacuum in proving actus reus and mens rea in synthetic media crimes

3. Gross Under-Reporting Due to Social and Structural Barriers

   • Victims often avoid reporting due to:
     • Digital illiteracy
     • Fear of social stigma and victim-blaming
     • Lack of trust in police sensitivity
   • RTI responses show cybervoyeurism data lies with States, leading to:
     • Poor national-level policy planning
     • Weak evidence-based reforms

4. Disproportionate Targeting of Women and Transgender Persons

   • Transwomen are uniquely vulnerable to deepfake harassment.
   • Current SOPs and laws:
     • Are not explicitly gender-neutral
     • Do not recognise LGBTQIA+ vulnerabilities
     • Lack provisions for inclusive and intersectional protection

Limitations of the Existing Legal and Policy Framework

1. Fragmented Legal Provisions

   • NCII is currently handled under:
     • IT Act, 2000
     • BNS provisions on obscenity and voyeurism
     • DPDP Act, 2023
   • These laws:
     • Do not specifically define NCII
     • Treat it as a general cyber or obscenity offence
     • Lack specialised victim-protection mechanisms

2. Weak Platform Accountability

   • The MeitY SOP (Nov 11, 2025) mandates takedown within 24 hours, but:
     • Does not define liability for failure
     • Contains no penalties for algorithm-driven amplification
     • Imposes no duty on platforms for proactive detection of deepfakes

3. Lack of AI-Specific Safeguards

   • No legal clarity exists on:
     • Accountability of AI tool creators
     • Mandatory watermarking of synthetic content
     • Regulation of open-source deepfake tools

Conclusion

NCII represents a new-age form of digital sexual violence that existing laws address only in fragments. The rise of deepfakes, platform ecosystems and algorithmic dissemination has fundamentally altered the nature of harm. India urgently needs a dedicated, gender-neutral, AI-aware and victim-centric NCII law to protect dignity, bodily integrity and digital trust in the 21st century.